BNS Section 25: Act Not Intended and Not Known to Be Likely to Cause Death or Grievous Hurt, Done by Consent
Section 25 of BNS is part of CHAPTER 3 GENERAL EXCEPTIONS in Bharatiya Nyaya Sanhita 2023 Act. It addresses legal results of acts injurious to the person in question that are done by him with his consent. This provision is to the effect that when an act is not done with an intention to cause death or grievous hurt and the doer does not know that it is likely to cause such harm, such an act cannot be construed as an offence when done with the consent of an adult. The law understands the need for personal autonomy and that people can assume certain risks related to certain activities.
This section provides an example of balance between responsibility and personal rights; persons are allowed to have their consensual activities without having the fear of the law coming down on them over unintended harm. In fact, the law is to instil responsible participation in any potentially risky situations if everyone involved is aware and consenting to the risks that will accrue.
Definition of BNS Section 25
Nothing which is not intended to cause death, or grievous hurt, and which is not known by the doer to be likely to cause death or grievous hurt, is an offence by reason of any harm which it may cause, or be intended by the doer to cause, to any person, above eighteen years of age, who has given consent, whether express or implied, to suffer that harm; or by reason of any harm which it may be known by the doer to be likely to cause to any such person who has consented to take the risk of that harm.
Explanation and Illustration of Section 25 (Bharatiya Nyaya Sanhita, 2023)
This section prescribes that nothing is an offence if an act does not intend to cause death or grievous hurt and the doer has no knowledge that it is so likely to cause such harm as aforesaid, and the person so put in fear is an adult who has consented to take the risk.
This provision establishes the principle of consent. Based on this, one can carry out acts that will risk harm as long as such acts are carried out based on one's own choice. It brings out the spirit of personal autonomy and reasonable judgement in acts involving physical performances.
Example:
Two friends, A and Z, agree to engage in a friendly fencing match for entertainment. This means that if the play is fair and of good intent, the inherent implication of the agreement that both parties enter into this match is to consent with the possibility of minor injuries. If A, as a result of his sticking to the rules of fencing, accidentally injures Z, A would not be found criminally liable for causing the injury to Z.
This section illustrates how the law establishes recognition of consensual dealings, a balanced approach enabling people to engage in undertakings that intrinsically involve risks yet ensuring them not to face judicial consequences unfairly if such agreement is well-informed and voluntary.
Key Points of BNS 25
This section affirms that consensual acts causing harm are not punishable as long as they do not involve death or grievous injury. Here is a detailed outline:
Differences Between Section 25 of BNS 2023 and its Equivalent IPC Section
This section outlines the key differences between Section 25 of the Bharatiya Nyay Sanhita (BNS) 2024 and its equivalent Indian Penal Code (IPC Section 87), focusing on their distinct approaches .
| BNS Sections/ Subsections | Subject | IPC Sections | Summary of comparison |
|---|---|---|---|
| 25 | Act not intended and not known to be likely to cause death or grievous hurt, done by consent. | 87 | No change. |
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FAQs about Section 25 of the Bharatiya Nyaya Sanhita (BNS)
What offence is defined under BNS Section 25?
Section 25 of the BNS pertains to actions that are not intended to cause death or grievous hurt and are not known to be likely to cause such harm, particularly when done with the consent of the involved parties.
Which chapter does Section 25 belong to in the Bharatiya Nyaya Sanhita 2023?
Section 25 is part of CHAPTER III, titled GENERAL EXCEPTIONS, in the Bharatiya Nyaya Sanhita 2023 Act.
How does Section 25 address consent in legal matters?
This section emphasises that actions taken with the consent of the parties involved, which do not aim to inflict serious harm, may not be considered criminal, reflecting the importance of mutual agreement in certain contexts.
What factors are considered to determine the likelihood of causing harm under Section 25?
Factors include the nature of the act, the context in which it occurred, and whether the individuals involved were aware of any potential risks associated with the action.
Are there other exceptions related to consent in Chapter III of the BNS?
Yes, Chapter III may include additional provisions that explore consent in various scenarios, detailing how it impacts the legality of actions that might otherwise be deemed unlawful.
Does Section 25 apply to all acts done with consent?
No, Section 25 only applies when the act, though done with consent, was not intended to cause harm and the person performing the act did not know it was likely to result in death or grievous hurt.
Can an individual be criminally liable under Section 25 if harm occurs despite consent?
No, under Section 25, if the act was done with the consent of the person affected, and the individual did not intend or foresee that it would cause serious harm, they may not be criminally liable, unless the circumstances prove otherwise.
